Santhoshraj @ Santhosh v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.1787 of 2026 1.Santhoshraj @ Santhosh 2.Kuberan @ Kuper ... Petitioners

Versus

The State rep by its, The Inspector of Police, Vellimedupettai, Villupuram District.

(Crime No.6 of 2026) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.6 of 2026 on the file of the respondent police. For Petitioners :

Mr.Tamilselvan For Respondent :

Ms.J.R.Archana Government Advocate (Crl. Side)

O R D E R

The petitioners, who apprehend arrest by the respondent police for the offences punishable under Sections 296(b), 131, 351, 351(3), 78(2), 79 of BNS r/w Section 4 of TNPHW Act, in Crime No.6 of 2026 registered on the file of the respondent police, seek anticipatory bail. 1/5

2.

The allegation against the petitioner  s is that they are relatives of A1. It is alleged that A1 has been stalking the defacto complainant, aged about 18 years. When the defacto complainant objected to the same, A1 allegedly threatened her by carrying yellow coloured bottles, stating that he would attack her with acid unless she accept his proposal. It is further alleged that the other accused supported A1 and also threatened the defacto complainant with dire consequences. Hence, a case has been registered against the petitioners.

3. The learned counsel appearing for the petitioners submitted that the petitioners did not threaten the victim by using acid and that the allegation pertains only to a verbal attack. He further submitted that the petitioners have no previous cases against them. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the first petitioner/A1 is still in judicial custody and that the investigation is still pending. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record.

6. Considering the fact that the petitioners have no previous cases 2/5

against them and that the main allegation is against A1, who is already in judicial custody, this Court is inclined to grant bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.I, Tindivanam on condition that the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only), each with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall report before the respondent police, daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation;

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners shall not abscond either during 3/5

investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 28.01.2026 drl To 1.The Judicial Magistrate No.I, Tindivanam.

2. The Inspector of Police, Vellimedupettai, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

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K.RAJASEKAR, J.

drl CRL.O.P.No.1787 of 2026 28.01.2026 5/5